Summary
In Faulkner v. Woodruff, the Florida Second District Court of Appeal held that a personal representative may petition the probate court under section 733.6175 to review the reasonableness of attorney's fees paid to estate attorneys, without needing to interplead himself as a respondent. The court ruled that the party seeking fees bears the burden of proving their reasonableness, and that the probate court has exclusive jurisdiction over such fee review, even if the fees were paid from proceeds of homestead property. The decision reversed the dismissal of the personal representative's petition and remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether the probate court erred in dismissing Mr. Faulkner's petition to review the reasonableness of attorney's fees under section 733.6175.
- Whether a personal representative can petition the probate court to review the reasonableness of attorney's fees without interpleading himself as a respondent.
- Whether the probate court has jurisdiction to review the reasonableness of attorney's fees paid from proceeds of homestead property.
Holdings
- A personal representative may petition the probate court to review the reasonableness of attorney's fees pursuant to section 733.6175; the party seeking fees bears the burden of proof to establish that their fees are reasonable.
- The probate court's authority to review the reasonableness of attorney's fees is not divested merely because the fees were paid from nonprobate assets such as homestead property.
Key quotations
“We hold that a personal representative may petition the probate court to review the reasonableness of attorney's fees pursuant to section 733.6175.” (at 320)
“As the party seeking fees, Appellees have the burden of proof to establish that their fees are reasonable.” (at 320)
Factual background
Gary T. Faulkner, as personal representative of the Estate of Katherine L. Faulkner, hired the Woodruff Law Firm and the Salem Law Group to assist in the administration of the estate. The estate consisted of $4,594.02 in personal property and a house that sold for $150,000, but the attorneys charged $39,869.24 for work performed in the uncontested formal administrative proceeding. Mr. Faulkner filed a petition to review the reasonableness of the attorney's fees.
Procedural history
Mr. Faulkner, as personal representative and interested person, filed a petition in the probate court to review the reasonableness of attorney's fees paid to Appellees. The petition was initially dismissed without prejudice for failure to interplead himself as a respondent. An amended petition was filed, and Appellees moved to dismiss. The probate court dismissed the amended petition, and Mr. Faulkner appealed.
Remand instructions
Reversed and remanded for further proceedings on the amended petition for review of compensation of estate employees.